West Bengal

StateCommission

FA/09/72

Sri Goloke Dutt. - Complainant(s)

Versus

The Branch Manager, Indian Overseas Bank. - Opp.Party(s)

1.Sri Ramesh Choumal. 2. Mrs. Ruchira Banerjee Sarkar. 3. Sujata Ghosh. 4. Sampa Saha. 5. Mousumi Chakraborty.

27 Apr 2009

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL
BHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
APPEAL No. FA/09/72 of 2009

Sri Goloke Dutt. 		...........Appellant(s)

Vs.

The Branch Manager, Indian Overseas Bank.		 ...........Respondent(s)


BEFORE:
1. JUSTICE ALOKE CHAKRABARTI 2. MR. A K RAY 3. SMT. SILPI MAJUMDER

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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No. 4/27.04.2009.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Appellant through Mr. R. K. Choumal, the Ld. Advocate and Respondent through Mr. Souvik Das, the Ld. Advocate are present.  It appears that the impugned order was passed holding the Complainant as not a consumer and an early stage when Written Version was not filed, only an application was filed asking for rejection of complaint on the ground that the Complainant is not a consumer as it carries on business.  Mr. Das, the Ld. Advocate for the Respondent contends though evidence has not been filed the materials available at this stage shows that the Complainant is not a consumer as it carries on business.  As we are of the opinion that this question, the Complainant is a consumer or not, cannot be decided unless parties are granted opportunity to adduce evidence.  We set aside the impugned order and direct the Forum below to decide the matter afresh upon granting the O.P. to file Written Version and the parties opportunity to adduce evidence in accordance with law.  We make it clear that we have not decided any of the question on merit.   A copy of this order be communicated to the Forum below forthwith.

 




......................JUSTICE ALOKE CHAKRABARTI
......................MR. A K RAY
......................SMT. SILPI MAJUMDER